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ATRUE COPY <br /> CERTIFICATION ON LAST PAGE <br /> J . K . BARTON , CLERK <br /> Ofc. of Asst. Secy . , Comm . Planning , Develop. , HUD § 583 . 405 <br /> project . An exception may be considered only ( g ) Davis - Bacon Act . The provisions of the <br /> after the recipient has provided the following : Davis- Bacon Act do not apply to this program . <br /> ( i ) For States and other governmental [ 58 FR 13871 , Mar. 15 , 1993, as amended at 61 <br /> entities, a disclosure of the nature of the FR 5211 , Feb . 9, 1996 ; 64 FR 502260 Sept. 15, <br /> conflict, accompanied by an assurance that 1999 ] <br /> there has been public disclosure of the conflict Subpart E -Administration <br /> and a description of how the public disclosure <br /> was made ; and § 583 . 400 Grant agreement. <br /> ( ii ) For all recipients, an opinion of the ( a ) General . The duty to provide supportive <br /> recipient' s attorney that the interest for which housing or supportive services in accordance <br /> the exception is sought would not violate State with the requirements of this part will be <br /> or local law . incorporated in a grant agreement executed by <br /> ( 3 ) In determining whether to grant a HUD and the recipient . <br /> requested exception after the recipient has ( b ) Enforcement . HUD will enforce the <br /> satisfactorily met the requirement of paragraph obligations in the grant agreement through such <br /> ( e ) ( 2 ) of this section , HUD will consider the action as may be appropriate, including <br /> cumulative effect of the following factors , where repayment of funds that have already been <br /> applicable : disbursed to the recipient. <br /> ( i ) Whether the exception would provide a <br /> significant cost benefit or an essential degree of § 583 .405 Program changes. <br /> expertise to the project which would otherwise <br /> not be available ; (a ) HUD approval . ( 1 ) A recipient may not <br /> ( ii ) Whether the person affected is a make any significant changes to an approved <br /> member of a group or class of eligible persons program without prior HUD approval . Significant <br /> and the exception will permit such person to changes include, but are not limited to, a <br /> receive generally the same interests or benefits change in the recipient, a change in the project <br /> as are being made available or provided to the site, additions or deletions in the types of <br /> group or class ; activities listed in § 583 . 100 of this part <br /> ( iii ) Whether the affected person has approved for the program or a shift of more <br /> withdrawn from his or her functions or than 10 percent of funds from one approved <br /> responsibilities , or the decisionmaking process type of activity to another, and a change in the <br /> with respect to the specific assisted activity in category of participants to be served . <br /> question ; Depending on the nature of the change , HUD <br /> ( iv ) Whether the interest or benefit was may require a new certification of consistency <br /> present before the affected person was in a with the consolidated plan ( see § 583 . 155 ) . <br /> position as described in paragraph ( e) ( 1 ) of this ( 2 ) Approval for changes is contingent <br /> section ; upon the application ranking remaining high <br /> ( v) Whether undue hardship will result enough after the approved change to have been <br /> either to the recipient or the person affected competitively selected for funding in the year <br /> when weighed against the public interest served the application was selected . <br /> by avoiding the prohibited conflict; and ( b ) Documentation of other changes . Any <br /> ( vi ) Any other relevant considerations . changes to an approved program that do not <br /> ( f) Audit . The financial management require prior HUD approval must be fully <br /> systems used by recipients under this program documented in the recipient' s records . <br /> must provide for audits in accordance with 24 <br /> CFR part 44 or part 45 , as applicable . HUD may 1 96j 13871 , Mar . 15 , 1993, as amended at 61 FR 51176, Sept. 30, <br /> perform or require additional audits as it finds <br /> necessary or appropriate , <br /> www . hud . gov cspanol . hud . gov Page 20 <br />